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Asetek has sent a cease-and-desist order to AMD and Gigabyte

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seth89
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2015/12/07 04:25:21 (permalink)
http://vr-zone.com/articles/asetek-demands-amd-to-suspend/102530.html
 
http://wccftech.com/amd-gigabyte-asetek-cease-desist-fury-waterforce/
 
 
So any card using a cooler master pump ( Fury and 980) has to stop it sales....
 
This is all over a lawsuit they won a few months ago against CoolerMaster....
post edited by seth89 - 2015/12/07 04:37:33


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    catracho4lf
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    Re: Asetek has sent a cease-and-desist order to AMD and Gigabyte 2015/12/07 05:12:50 (permalink)
    Oh wow, this is going to hurt AMD much more than it will NVidia...not too good for consumers...
    #2
    aka_STEVE_b
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    Re: Asetek has sent a cease-and-desist order to AMD and Gigabyte 2015/12/07 05:19:02 (permalink)
    AMD just can't catch a break , when they start trying to compete....

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    #3
    Zuhl3156
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    Re: Asetek has sent a cease-and-desist order to AMD and Gigabyte 2015/12/07 07:22:21 (permalink)
    So, now what? The Asetek cops are going to kick my door down and take their pump away from me?
    #4
    Vlada011
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    Re: Asetek has sent a cease-and-desist order to AMD and Gigabyte 2015/12/07 07:25:29 (permalink)
    GIGABYTE really behave weird... They install CM cooler in some GTX980Ti with AIO system.
    Even on sticker on side write CM xxxxxx ...
    I don't know why they do that after everything happen to CM. Now they will make maybe problem to customers.
    OK AMD install in Fury X before trial. But GIGABYTE before few days show up with new 980Ti WaterForce...
    My first reaction was... What, they plan to sell this only on Asian market? 
     

     
    If notice that, and I'm nothing, how their Managers didn't notice same...
    That's only one more prove how Asian companies love to use patent from west companies and than they invest more work in modification patents to look different and avoid possible penalties than to produce own unique product... 
     
     

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    Vlada011
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    Re: Asetek has sent a cease-and-desist order to AMD and Gigabyte 2015/12/07 07:31:56 (permalink)
    Zuhl3156
    So, now what? The Asetek cops are going to kick my door down and take their pump away from me?




    Off course, and you will need to pay penalty for every hour of entertainment and gaming with your card.
    I would allow poor AMD to continue to sell their Fury X and never again to do such thing and for GIGABYTE I don't know what to say...
    They obvious ignore everything what happen to CM because hunger for cheap profit is probably huge.

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    #6
    Zuhl3156
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    Re: Asetek has sent a cease-and-desist order to AMD and Gigabyte 2015/12/07 07:37:38 (permalink)
    It's just Karma. Cooler Master is the reason that Swiftech had to pull their H220 from the U.S. market after Cooler Master sued them.
    #7
    ty_ger07
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    Re: Asetek has sent a cease-and-desist order to AMD and Gigabyte 2015/12/07 07:41:36 (permalink)
    No, Asetek won't bother you and no your video card won't be taken away from you.  Cease and desist means that AMD is supposed to quit selling them and remove them from the market.  The ones which have already sold remain the customer's property.  Most likely, if Asetek wins, AMD will end up paying a fine for the ones which have already sold.
    #8
    Zuhl3156
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    Re: Asetek has sent a cease-and-desist order to AMD and Gigabyte 2015/12/07 07:45:54 (permalink)
    I would think Asetek would be grateful that someone is buying their pumps in bulk quantity.
    #9
    seth89
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    Re: Asetek has sent a cease-and-desist order to AMD and Gigabyte 2015/12/07 14:12:29 (permalink)
    I bet AMD will sell whats left and will look at another company to make their pumps for the US market.


     


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    Zuhl3156
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    Re: Asetek has sent a cease-and-desist order to AMD and Gigabyte 2015/12/07 14:26:18 (permalink)
    I always considered Asetek to be one of the more dependable manufacturers and delivered a reliable quality pump which is why many companies choose them over other brands. Now I see them for what they are, just a bunch of jerks looking to cash in for a big payday. Someone in their PR department hasn't thought this through. An Asetek pump makes another companies product more desirable to the general public and insures continued sales revenue for Asetek. From this point forward I will never buy a product from Asetek if they follow through with this. I'm sure they won't suffer financially by losing my business but if enough people decided to take a stand against this kind of lawsuit nonsense and expressed their disgust we might put an end to this kind of thing.
    #11
    ManBearPig
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    Re: Asetek has sent a cease-and-desist order to AMD and Gigabyte 2015/12/07 14:27:37 (permalink)
    Zuhl3156
    I would think Asetek would be grateful that someone is buying their pumps in bulk quantity.

    That is the whole reason for this lawsuit though, because AMD didn't use their pump.  When the Fury X was in prototype it was using an Asetek pump but at the last second AMD went with Cooler Master.  So this is Asetek's way of getting their pumps back into the AMD cards like they had with the 295X2 I bet.
     
    seth89
    I bet AMD will sell whats left and will look at another company to make their pumps for the US market.

    But what are they going to sell in the US market until they put in a different pump?  Not being able to sell your best card in the US market is going to hurt your profit earnings hard.
    post edited by ManBearPig - 2015/12/07 14:39:05


     
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    Zuhl3156
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    Re: Asetek has sent a cease-and-desist order to AMD and Gigabyte 2015/12/07 15:46:23 (permalink)
    If Asetek increased production to fulfill a sales agreement with AMD and then AMD backed out leaving them holding the bag on a bunch of pumps then I can understand the lawsuit.
    #13
    NordicJedi
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    Re: Asetek has sent a cease-and-desist order to AMD and Gigabyte 2015/12/07 19:41:21 (permalink)
    Zuhl3156
    If Asetek increased production to fulfill a sales agreement with AMD and then AMD backed out leaving them holding the bag on a bunch of pumps then I can understand the lawsuit.


    That doesn't sound to be the case here.  The injunction was granted for patent infringement on pumps by Cooler-Master, violating Asetek's IP.  Downstream vendors are likewise held to the injunction, so if AMD or Gigabyte use pumps currently under an injunction, then Asetek has the right to sue for an injunction against those companies, as well.  
     
    Edit:  Missed the part in the article about Asetek being rumored to have the contract with AMD, only to be snubbed.  While that would certainly explain Asetek's hostility towards the situation, it should be noted that Asetek did win its suit, after all.  But the lawsuit is over.  Asetek is just starting the opening salvo of another lawsuit by giving AMD and CM another C&D to stop sales.
    post edited by NordicJedi - 2015/12/07 22:42:40

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    blacksapphire08
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    Re: Asetek has sent a cease-and-desist order to AMD and Gigabyte 2015/12/07 21:17:11 (permalink)
    ManBearPig
    Zuhl3156
    I would think Asetek would be grateful that someone is buying their pumps in bulk quantity.

    That is the whole reason for this lawsuit though, because AMD didn't use their pump.  When the Fury X was in prototype it was using an Asetek pump but at the last second AMD went with Cooler Master.  So this is Asetek's way of getting their pumps back into the AMD cards like they had with the 295X2 I bet.
     
    seth89
    I bet AMD will sell whats left and will look at another company to make their pumps for the US market.

    But what are they going to sell in the US market until they put in a different pump?  Not being able to sell your best card in the US market is going to hurt your profit earnings hard.


    Yeah you would think but then again... “There is no licensing agreement in place with Cooler Master, nor do we plan to offer any in the foreseeable future."
     
    Real consumer friendly there Asetek.

     
    #15
    NordicJedi
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    Re: Asetek has sent a cease-and-desist order to AMD and Gigabyte 2015/12/07 22:40:08 (permalink)
    No, Asetek is basically saying that CM is infringing upon its patent without first obtaining a license.  As a corollary, Asetek is also saying that CM screwed up badly by not first licensing its patent to avoid infringement, and Asetek doesn't plan on letting CM take back some market share by offering them a license at this point.  
     
    Frankly, I don't see why Asetek wouldn't take that position.  Note that Asetek didn't say it wasn't interested in continuing to work with AMD.  

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    Vlada011
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    Re: Asetek has sent a cease-and-desist order to AMD and Gigabyte 2015/12/07 23:15:59 (permalink)
    Zuhl3156
    I would think Asetek would be grateful that someone is buying their pumps in bulk quantity.




    It's  not fair to someone make patent and sell to different companies and they explain nicely that's from Asetek and Asetek put them on their site as evidence of their good work and than some company will make own coolers on same principle and sell under own name even make cheaper and offer to other companies as cheaper version and steal deal between Asetek and AMD maybe. That's not fair...Why they need to follow CORSAIR, NZXT, Thermaltake, Zalman,... They will nicely build pump under own name and sell to other as CM product.
    I don't know what happen with CM and Swiftech but companies who steal patent of others are sometimes so bad that they are capable to sue owners for their own patent only modified.
    I remember work of CM before many years and last 2-3 years I see nicely sign of other companies in their products, fans, coolers, cases, even boxes and package for coolers, mostly CORSAIR, but they have no right to sue them because that's small things and similarities and only only Asetek have rights to ask compensation. And that's mostly fault of designers inside CM and people who need to make innovation, they rather use similarities of successful product from other companies in that moment. There are good chance that sometimes they do that completely unaware. 
    ASUS have one big room for their designers with music, movies, books everything what can give inspiration to someone to create something what market like. I saw on Youtube that
     
     
    post edited by Vlada011 - 2015/12/07 23:34:56

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    #17
    Zuhl3156
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    Re: Asetek has sent a cease-and-desist order to AMD and Gigabyte 2015/12/08 04:37:11 (permalink)
    There are just way too many frivilous lawsuits over nonsensical copyright infringement lately. All this does is drive the end price up for the consumer and I am getting tired of it. Most of these lawsuits are baseless and yet companies with big lawyers and deep pockets find a way to win them and get a big fat check awarded to them. I am getting tired of it and think it's time to take a stand against these companies. We, as consumers, can put our foot down and express our disproval by boycotting their products or at least voice our concerns about it.
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    boylerya
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    Re: Asetek has sent a cease-and-desist order to AMD and Gigabyte 2015/12/08 17:01:43 (permalink)
    Gigabyte loves to blame others for their own mistake of not paying attention.

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    knightsilver
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    Re: Asetek has sent a cease-and-desist order to AMD and Gigabyte 2015/12/08 20:40:38 (permalink)
    I dont get patent trolls, and dont have the full story about this Asetek crap, but just sounds like Asetek isnt giving us the whole story and sound too dern fishy too me, and one sided. I still wont buy anything with Asetek, just because they sound like cry babies....
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    Brad_Hawthorne
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    Re: Asetek has sent a cease-and-desist order to AMD and Gigabyte 2015/12/09 11:08:58 (permalink)
    Patent law is setup in such a way that everything is patented and if you make a physical product, no matter if you cleanroom design it, that you're still infringing on 100's of patents by just creating a physical product. Patent law is not friendly in it's current form to anyone who is not lawyered up and has about 3 million dollars sitting around to scare any competition out of the market through litigation. If you make a product and that product is popular, be prepared for litigation from patent holders no matter how diligent you are. You can't be effective in business without having a legal fund anymore.
    #21
    Zuhl3156
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    Re: Asetek has sent a cease-and-desist order to AMD and Gigabyte 2015/12/09 12:32:23 (permalink)
    Marconi was credited with building the first radio but he did it using all of Tesla's patents. LOL   Who actually invented the first wireless broadcast radio system? Nikola Tesla!
    #22
    candle_86
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    Re: Asetek has sent a cease-and-desist order to AMD and Gigabyte 2015/12/10 06:18:49 (permalink)
    Brad_Hawthorne
    Patent law is setup in such a way that everything is patented and if you make a physical product, no matter if you cleanroom design it, that you're still infringing on 100's of patents by just creating a physical product. Patent law is not friendly in it's current form to anyone who is not lawyered up and has about 3 million dollars sitting around to scare any competition out of the market through litigation. If you make a product and that product is popular, be prepared for litigation from patent holders no matter how diligent you are. You can't be effective in business without having a legal fund anymore.


    actually if you design it in a clean room without ever accessing any patents and can prove that it was 100% clean room you wont have to pay any royalties and it is likely to invalidate the patent 
    #23
    Zuhl3156
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    Re: Asetek has sent a cease-and-desist order to AMD and Gigabyte 2015/12/10 06:33:02 (permalink)
    It seems like there is a patent for everything and it is owned by somebody somewhere. There are only so many ways to do something and if you happen to be the first you somehow have the right to make everyone pay you royalties. You don't even need to be the first, you just need to be the first to file for the patent and have the patent awarded to you. The Wright brothers held a patent for all aircraft until World War I came along and Congress lifted it so other manufactureres could manufacture planes to contribute to the war effort without being bombarded with patent fees so patent laws can be defeated. It just takes time and money which most manufacturers don't have the luxury of spending.
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    Brad_Hawthorne
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    Re: Asetek has sent a cease-and-desist order to AMD and Gigabyte 2015/12/10 20:17:11 (permalink)
    Recent patent reform a few years ago streamlined the process so the first person who patents an idea even if the idea has prior examples owns the patent. It was meant to cut down on people filing prior example litigation. I don't see how it's a move in a positive direction because it empowers patent trolls.
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